Research On The Ruler Of Risk Burden In The Contract

The risk is ubiquitous in modern market transaction, such as the cargo steals, the fire, the sunken wreck, stave, the leakage and rotten deterioration which does not belong to the normal loss and so on, the accident loss which suffers. When specially the risk occurrence do not cause because of a contract both parties , the risk of the subject matter damage, actually which extinguishes loses by which side litigant to undertake, this is the contract both parties all extreme matter of concern, also is in a law of contract important constituent.The article first part through carries on the elaboration to the contract risk burden some basic legal matter, make risk boundary clear, introduces the risk rule and other legal regime difference emphatically, thus some basic questions in risk burden are systematization and clarification; The second part introduced how the risk burden legislates in the contemporary some main continental method country, specially take the contract of sales as the example, take France's all person principle and Germany's payment principle as representative,...